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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: In Arizona a coworker keeps talking about the drugs he does, he has 3 kids is it illegal for me to tape him? For police

He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?

Mike Branum
Mike Branum answered on Aug 25, 2020

Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can i get out of a plea i signed while in jail? And can i fire my attorney if i feel they are not helping me?
Mike Branum
Mike Branum answered on Aug 24, 2020

Probably not and yes.

To invalidate your plea, you would need to show you were either coerced or incompetent. This is a difficult task, particularly if you fire your attorney.

You do have the right to fire your attorney but if you have a public defender you may end up representing...
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1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... Read more »

Mike Branum
Mike Branum answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: hi

can someone record conversations in a bedroom that we had without my consent?

Mike Branum
Mike Branum answered on Aug 17, 2020

Arizona is a one party consent state. As long as the person recording was engaged in the conversation being recorded, there is no violation of the law. If the party placed a recording device and surreptitiously recorded a conversation between two other people, THAT is illegal. Difficult to develop... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: If I had a misdemeanor case dismissed, do I need to say that I was still convicted or pled guilty to a misdemeanor.

This is for answering disclosure questions on a employment background check for a becoming a loan originator.

Mike Branum
Mike Branum answered on Aug 14, 2020

If the case was dismissed, you did not plead guilty and you were not convicted. Even if it was a delayed entry of guilt, if you completed the requirements and the Court dismissed the case without entering your plea, then you still did not plead guilty on the record and the Court did not convict... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Received an open container citation telephonic time was set, courts didn't call within that time frame. Any suggestions?

I was sited with an open container while riding an ATV side by side on a forest road, the courts gave me a date and time they would call me but they never called me within that time frame they set.

Is there any recourse for me to take in my defense?

Mike Branum
Mike Branum answered on Aug 6, 2020

You should contact the clerk of court and determine if the hearing was held or continued. They may have set another date. If they did not, you may ask that you be put on the calendar.

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone was GOING TO mail me drugs, but got arrested en route to the post office, what is going to happen to me?

Someone in TX was sending 6 different people packages containing drugs. They were pulled over and arrested on the way to the post office. What do the recipients of those packages need to watch out for? Can they be arrested? Is it likely? The sender was arrested for trafficking.

Mike Branum
Mike Branum answered on Aug 3, 2020

It is unlikely you could be arrested at this point but you could certainly be placed under observation and/or questioned regarding the package which was addressed to you. Absent evidence of communication between the two of you regarding your agreement to receive the package, they do not have much... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i called police on boyfriend lied to them now boyfriend in custody with charges pending cant afford 7500 need lawyer

how do i fix this this

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam answered on Jul 28, 2020

Call the detective working on the case, or the victims advocate office at the county attorneys office, and tell them that you were not telling the truth.

Give the detective a new statement. And contact your boyfriends attorney. There are victims rights in Arizona, so you will have to waive...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can a defendant be acquitted based on perjury of inconsistent statement.

In a criminal trial the alledged victim and witness change the original story of what happened adding on aggravating factors along with the prosecutor to get a conviction

Stewart Salwin
Stewart Salwin answered on Jul 21, 2020

A witness who makes an inconsistent statement on the witness stand that goes against prior statements can and should be subject to impeachment by a defense attorney during cross-examination. The defense attorney can then argue that the witness should not be believed because they made inconsistent... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I violated Probation and am upsconded would now be a good time to turn myself in?

I upsconded about a yr ago and have a felony warrant. No dangerous non repetitive. With the COVID-19 They don't seem to be keeping people in jail. So would this be an idea time to surender?

Stewart Salwin
Stewart Salwin answered on Jul 21, 2020

Now would probably be a better time than any other that I can think of. The court system is trying to keep people out of jail at the moment, and therefore they may be more likely to reinstate you on probation than to revoke it. Of course, that is assuming all other things being equal. More... Read more »

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arizona on
Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case

She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?

Mike Branum
Mike Branum answered on Jul 20, 2020

If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.

Your...
Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Can I use a bow for hunting since my felony conviction was set aside?

Felony was in arizona, conviction set aside 7 years ago. Waiting 3 more years for firearms rights to be restored. All other civil rights were restored.

Mike Branum
Mike Branum answered on Jul 20, 2020

A bow is not a firearm. To the best of my knowledge, there is no prohibited possessor statute under Arizona or federal law which applies to bows. You should not be in violation of any law by bowhunting with a felony on your criminal record.

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1 Answer | Asked in Criminal Law for Arizona on
Q: It’s come to my attention that my ex wife solicited my daughter to record mine and my wife’s conversation in the car.

Revised details. Family court date set for Friday 17th. She submitted to evidence a snap shot of a text between her and me daughter stating “try to record him”, (my wife and I conversation). If I recall at that moment we were in the car driving home. I very lightly talking to my wife about my... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2020

You would need to file a report with the law enforcement agency in whose jurisdiction the alleged crime allegedly occurred. For the "solicitation" that would be wherever the conversation took place. If the recording was actually made, you would need to contact the agency within whose... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I lied to police and someone in jail and facing charges i need to tell them the truth but scared i might go to jail
Mike Branum
Mike Branum answered on Jul 14, 2020

The longer you wait, the worse any potential consequences may be. It would be better to have an attorney communicate with law enforcement for you but, if that is not an option, you may want to notify them that your previous statements may have been incorrect. You do not have to outright say you... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter went to my brothers where I was living. Broke into my room and stole everything

She got mad cause I came into some money I got tired of her asking for money so I went and stayed at a hotel. While I was there she broke into my room and stole everything. I want to press charges. Now shes threatening me

Mike Branum
Mike Branum answered on Jul 6, 2020

You need to contact the law enforcement agency in whose jurisdiction your brother's home is located to file a report for burglary, theft, and threatening communications. You may also have to seek a protective order through the Pima County courts. Very tough situation. I wish you the best.

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I find a pro bono attorney for criminal case.
Mike Branum
Mike Branum answered on Jun 15, 2020

A lot of prayer. In all seriousness, if your income qualifies you for a public defender, then the Court will assign one. If you do not qualify for a public defender, you are likely going to need a Go Fund Me account or a wealthy relative (or you are going to have to implement austerity measures in... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Daughter arrested last night

No Bond

judge at 4pm

Chrgs

MIL AFFAIR/EMERG SER

DISORD CNDCT-REF

how much trouble is she in??

T638018

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Jun 1, 2020

From your description the charges are likely:

001) Count of MIL AFFAIR/EMERG SERVICE VIOL

(001) Count of Disorderly Conduct- Refuse to Disperse

Without knowing the specifics of your daughter’s case and taking into consideration the Governor's recent curfew/declaration...
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1 Answer | Asked in Criminal Law and Real Estate Law for Arizona on
Q: Is it blackmail at mediation setting to be threatened with a lawsuit if I don't agree to vacate my judge's ruling?

I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"

Jay Hall
Jay Hall answered on May 27, 2020

The exact context of your question isn't clear, but no it doesn't sound like it's blackmail.

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Hypothetical situation given in the details.

A girl experienced sexual abuse by her father as a baby. The mother of the baby found out but could not report or leave the father because she lacked evidence. With a long history of psychiatric issues the mother was afraid that her child would be taken from her and end up living with the father.... Read more »

Mike Branum
Mike Branum answered on May 26, 2020

Mandatory reporting requirements are meant to ensure the safety of the child or vulnerable adult who could be abused or neglected. According to the facts you have provided, the child no longer exists (because they are now an adult). Without a potential victim, I would argue the duty to report does... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

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